Executive Order  No. 135: Massachusetts Statewide Health Coordinating Council

WHEREAS, It is a commitment of the Commonwealth to ensure that its citizens receive high quality health care at a reasonable cost; to assure equal access to care, and effective and efficient utilization of services; to improve the health status of its citizens; to assure that limited health resources are appropriately allocated so as to best meet the needs of its citizens; to restrain increases in the cost of health care, particularly institutionalized care; and to encourage development of less costly alternative systems for the provision of health care; and

WHEREAS, the fulfillment of this commitment is dependent upon development of a cooperative and effective health planning network among agencies of state government, area wide health planning agencies, health providers and health consumers; and

WHEREAS, the National Health Planning and Resources Development Act of 1974, P.L. 93-641, offers the Commonwealth the opportunity to participate in a national program of assistance to the states to augment state planning for health services, man- power and facilities; and

WHEREAS, the Commonwealth has already undertaken significant steps toward implementation of P.L. 93-641 by participating, with the federal Department of Health, Education and Welfare ("HEW"), in designation of boundaries for six health service areas in the Commonwealth, designation of Health Systems Agencies (HSAs) to carry out health planning activities within each health service area, and designation of the state Department of Public Health as State Health Planning and Development Agency ("State Agency") to perform health planning functions under P.L. 93-641; and

WHEREAS, the Governor, as the supreme executive magistrate of the Commonwealth under the constitution, has the authority for ordering and directing the affairs of the Commonwealth agreeably to the constitution and laws of the land;

NOW, THEREFORE, I, Michael S. Dukakis, by virtue of the authority vested in me as Governor of the Commonwealth of Massachusetts do hereby order the establishment of a state health planning council to be known as the Massachusetts Statewide Health Coordinating Council, referred to hereinafter as the SHCC.

I. Purpose and Function

The purpose of the SHCC shall be to perform health planning activities in accordance with the provisions of P.L. 93-641 and this Executive Order, to promote an effective partnership for health planning among the SHCC, the State Agency, other agencies of state government with health-related responsibilities, HSAs, and consumers and providers in the Commonwealth, and to serve as a mechanism for public discussion on health issues and public participation in the health planning process. The SHCC shall perform the following specific functions:

A. Review annually and coordinate the Health Systems Plans ("HSPs") and Annual Implementation Plans (AIPs") of the HSAs and report to the Secretary of HEW for purposes of his review under P.L. 93-641.

B. Prepare, review and revise, at least annually, a state health plan made up of the HSPs of the HSAs. Such plan may, as found necessary by the SHCC, contain revision of such HSPs to achieve their appropriate coordination or to deal more effectively with statewide health needs. In the preparation and revision of the state health plan, the SHCC shall review and consider the preliminary state health plan submitted by the State Agency pursuant to its responsibilities under P.L. 93-641.

C. Review annually the budget of each HSA and report to the Secretary of HEW its comments on such budget.

D. Review grant applications submitted under P.L. 93-641 by the HSAs for planning funds and for health services development funds and report to the Secretary of HEW its comments on such applications.

E. Advise the State Agency generally on the performance of its functions under P.L. 93-641.

F. Review and approve or disapprove any state plan or application submitted to the Secretary of HEW for federal funds made available under allotments pursuant to the Public Health Service Act, the Community Mental Health Centers Act, or the Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1970.

G. Review and approve or disapprove the state medical facilities plan prepared by the State Agency pursuant to P.L. 93-641.

H. Facilitate communication and cooperation among health agencies and organizations, health professionals and the general public.

I. Make health policy recommendations, based on goals and priorities contained in the State Health Plan, to the State Agency which the State Agency may use in advising the Governor, General Court, and public and private health-related entities.

J. Perform such other functions and activities as the Commonwealth may request from time to time and that are consistent with the responsibilities and authority of the SHCC.

II. Membership

A. The SHCC shall consist of at least thirty members and not more than seventy members appointed by the Governor as follows:

1. At least sixty percent of the members shall be representatives appointed by the Governor from lists of nominees submitted by each HSA in the Commonwealth. Each HSA shall be entitled to the same number of representatives on the SHCC. Of the representatives of each HSA, at least one-half shall be consumers who are not providers of health care. Each HSA shall submit to the Governor a list of nominees containing the names of at least two consumers for each consumer representative to which the HSA is entitled and the names of at least two providers for each provider representative to which the HSA is entitled.
2. Not more than forty percent of the members shall be appointed by the Governor as at-large members. A majority of such persons appointed by the Governor shall be consumers who are not providers of health care. The Commissioner of Public Health shall be included, ex-officio: among the at-large membership.

B. The SHCC shall also include, as required by P.L. 93-641, an ex-officio member designated by the Chief Medical Director of the Veterans Administration to represent the Veterans Administration.

C. The Governor may also appoint elected and non-elected state officials as he deems appropriate to serve on the SHCC as ex-officio non-voting members.

D. Initial appointments shall be for a period of one-year. Second year appointments shall be staggered so that one-third are for one year terms, one-third are for two year terms and one-third are for three year terms. All subsequent appointments shall be for three year terms. No member shall serve more than two consecutive three year terms.

E. A vacancy shall exist upon the death, resignation, removal for cause or expiration of the term of any member and shall be filled in a similar manner as the original appointment.

F. The SHCC shall meet from time to time but not less than once in each calendar quarter at such times and places as are designated by the chairperson. In addition, special meetings of the SHCC may be called at any time by the Commissioner of Public Health or the chairperson and shall be called by the chair- person upon the written request of not less than ten members.

G. Any member of the SHCC may be removed by the Governor for good cause. Good cause shall include, but not be limited to the following:

1. Termination of residence in the Commonwealth.
2. Change in status from consumer to provider or vice versa where such change results in a violation of representation requirements of P.L. 93-641.
3. Unexcused absence from three consecutive meetings of the SHCC or three meetings of the SHCC in one calendar year. Presentation of an excuse by a member must be made by the tenth day after a meeting from which the member was absent. The chairperson of the SHCC shall determine the acceptability of any excuse.

The chairperson shall keep the Governor informed, through the Commissioner of Public Health, about situations which may constitute good cause for removal of a member.

III. Open Meetings

All meetings of the SHCC shall be open to the public in accordance with the provisions of Massachusetts General Laws chapter 30A, sections llA and llB and applicable provisions of federal law.

IV. By-Laws

By-Laws consistent with P.L. 93-641 and this Executive Order shall be developed by the SHCC with the assistance of the State Agency and shall be subject to approval by the Governor.

V. Interagency Cooperation

The SHCC shall be entitled to and shall receive the cooperation of every department, agency, and office of the Commonwealth in furtherance of SHCC functions.

VI. Conflict of Interest

The SHCC shall establish in its by-laws a conflict of interest policy which is designed to preclude the use of membership on the SHCC for purposes which are, or give the appearance of being, motivated by private gain on the part of any member. In addition, all members of the SHCC shall abide by any provisions in state and federal conflict of interest laws which may apply to the members of the SHCC appointed pursuant to this order.

Given at the Executive Chamber in Boston this 18th day of May in the year of our Lord one thousand nine hundred and seventy seven and of the Independence of the United States of America, two hundred and one.

Michael S. Dukakis

Governor

Commonwealth of Massachusetts

Paul Guzzi

Secretary of the Commonwealth